Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My father recently died. He had abandoned my mother and 6 kids to fend for themselves in any way possible. As far as we know he left no will. The woman he was living with when he died had been divorced from him since 1977. The battle now is between his “common law†wife and us 6 kids over his estate. As far as I know, common law isn’t recognized in Tennessee, but is in Georgia. He owned two houses, one in Georgia and the one in Tennessee. He always filed their taxes from Tennessee. Exactly what are we entitled to being his only natural children in spite of the fact that he abandoned us?
You should consult with an wills and trusts attorney to find the answers you need regarding the division of your father’s property. Based on the information you provided, it appears as though Tennessee State law (the county/city in which your father resided will have jurisdiction) will apply to the distribution of his assets. Contact a local attorney in the local in which your father resided in see how and if his property will be distributed amongst his living relatives.
